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HomeMy WebLinkAboutORD NO 3314ORDINANCE NO. 3314 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.32 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.32 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.32 MASSAGE ESTABLISHMENTS Sections: 5.32.010 5.32.020 5.32.030 5.32.040 5.32.050 5.32.060 Definitions. Permit required. Application - Issuance - Fee. Regulations. Revocation. Appeal. 5.32.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Massage" means a method of treating any external part of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading or tapping with any body part or any instr~nent. B. "Massage establishment" means an establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, carried on for a fee, profit or other compensation, massage, baths or other similar procedures. C. "Massage technician" means any person who administers to another person for a fee, profit or other compensation, massage, baths or other similar procedures. D. "Person" means any individual, partnership, corporation or association of any nature whatsoever. or 5.32.020 Permit required. A. Except as provided in subsection B., below, it is unlawful for any person to keep, maintain or operate a massage establishment, or to perform massage for a fee, profit or other compensation, in the city, without having first procured a permit from the city manager or his designee. Each massage technician must hold a valid permit. B. Subsection A. of this Section shall not apply to establishments wherein the only persons performing massage are the following: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths or cosmetologists licensed in their respective professions by the State of California pursuant to the Code of Business and Professions; 2. Massage technicians holding valid diplomas or certificates of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage is taught, performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. C. Subsection A. of this Section shall not apply to the following persons: 1. Physicians, nurses, physical therapists, chiropractors, osteopaths and cosmetologists, all of whom must be licensed in their respective professions issued by the State of California pursuant to the Code of Business and Professions. - 2 - 2. Massage technicians holding valid diplomas or certificates of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage is taught, performing under the direction of, and in the presence of, a physician, nurse, physical therapist, chiropractor, osteopath or cosmetologist licensed in his or her respective profession by the State of California pursuant to the Code of Business and Professions. 5.32.030 Application - Issuance - Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, two previous addresses immediately prior to present address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, previous employment for the three years immediately preceding the date of application, prior licenses held and whether such licenses were ever revoked or suspended and the reason therefor, and the arrest record if any of the applicant and of all persons who will manage the business; 2. The name, mailing address and location of the business; and 3. The business tax certificate number of the business. B. Each application shall be submitted along with two portrait photographs at least two-inches by two-inches. C. Each applicant shall submit a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education, wherein the method, profession and work of massage is taught. D. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is truthful; - 3 - 2. That neither the applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for this business. 6. The applicant is twenty-one years of age or older. 7. The applicant for a permit to operate as a massage technician has been granted a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage technicians is taught. 8. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application. E. All permits issued under this chapter shall remain in effect until December 31 of the calendar year of issue, unless earlier suspended or revoked. F. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Section 3.70.040. - 4 - 5.32.040 Regulations. A. A recognizable and readable sign shall be posted at the main entrance identifying the establishment; provided, however, that all signs shall comply with the sign requirements of the city. B. Lighting shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12; in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room or booth where massage services are being performed. C. Ventilation shall be provided as required by the Uniform Building Code, adopted in Chapter 15.12. D. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons; a minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin shall be provided by every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, massage, dressing and toilet facilities shall be provided for male and female patrons. E. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition; wet and dry heat rooms, steamrooms or vapor rooms, showers and toilets shall be thoroughly cleaned each day the business is in operation; bathtubs shall be thoroughly cleaned after each use. F. Clean and sanitary towels and linens shall be provided for each patron of the establishment; no common use of towels or linens shall be permitted. G. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performance of massage services. In addition, there shall be provided at each washbasin, sanitary towels placed in permanently installed dispensers. - 5 H. All employees of the massage establishment, and all persons performing massage shall be twenty-one years of age or older. Io No massage establishment shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. J. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. K. It shall be the responsibility of the holder of the permit for the massage establishment to insure that each person employed as a massage technician shall have first obtained a valid permit pursuant to this chapter. L. The permit holder for the massage establishment shall maintain a current file of all persons employed by him or her. The file shall contain true names and aliases used by such employees, age, birthdate, height, weight, color of hair and eyes, home address, phone numbers, social security number and the date of employment and termination. M. Every person holding a permit pursuant to this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the massage technician administering such treatment. The record shall be open to inspection by the city manager or his designee during business hours. Such records shall be maintained for a period of two years. N. No person holding a permit pursuant to this chapter shall permit communication devices to be installed or used in any manner on the premises of the massage establishment so as to interfere with or hinder inspection by a law enforcement officer. O. The permit holder for be present on the licensed premises establishment is in operation. a massage establishment at all times when the shall P. No person shall conduct or operate, or permit to be conducted or operated, a massage establishment between the hours of ten p.m. and seven a.m. of the following day. - 6 - Q. Any person holding a permit for a massage establishment shall, during business hours, be responsible for, and provide, that the premises be readily accessible and open for inspection by law enforcement officers or other employees of the city who are charged with enforcement of health and safety or other laws of the city or state. R. The departments of planning, building, fire and health departments shall, from time to time, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this chapter are met. S. No person licensed to do business as provided in this chapter shall operate under any name or conduct the business under any designation not specified in the permit. T. All massage technicians shall hold valid diplomas or certificates of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage is taught. U. Massage shall be performed only at a massage establishment for which a permit has been issued and is valid. 5.32.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. - 7 - 5.32.060 ApDeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or for the revocation of a permit, then said applicant may make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days f~om and after the date of its passage. .......... o0o .......... - 8 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on $EP ~ g l~Qd , by the following vote: a AYES; COUNCILMEMBERS: ~D;V.&P.~,~. DeMOND. SMITH, BRUNNI. PETERSON. McDERMOTr,~ NOES; COUNCILMEMBERS: A~SENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS' CITY CL~,RK and Ex'Off'lcio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 9 1990 CLARENCE E. '~F-~DDERS MAYOF~ of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ~/~ ACTING CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ MA$SAGE.ORD 9/21/90 - 9 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, of Bakersfield; and that on the deposes and says: acting and qualified City Clerk of the City 1st day of October , 19 90 she posted on the Bulletin Board at City Hall, a the following: Ordinance No. 3314 City Council at a meeting held on the 19th and entitled: full, true and correct copy of , passed by the Bakersfield day of September , 1990 , CAROL WIDLIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD